- win@gbvisalaw.com
- (646)545-5000
[contact-form-7 id=”17159d8″ title=”Service Form”]
Guerrero Banad’s employer compliance practice helps businesses of all sizes build, maintain, and defend compliant immigration programmes — so that when a government inspector arrives, you are prepared rather than exposed.
Every U.S. employer is required to complete Form I-9 for every employee hired after November 6, 1986 — regardless of citizenship or immigration status. Proper I-9 compliance involves completing the form accurately at the time of hire, reverifying work authorisation before it expires, retaining forms for the required retention period, and producing them promptly upon government request.
Common I-9 errors — including missing signatures, late completion, improper document acceptance, and failure to reverify — expose employers to per-form civil penalties. Our attorneys conduct internal I-9 audits that identify and correct errors before they become the subject of government enforcement, and we train HR teams to maintain compliance going forward.
E-Verify is a federal internet-based system that compares information from an employee’s Form I-9 against DHS and Social Security Administration records to confirm employment eligibility. While currently mandatory only for federal contractors and employers in certain states, E-Verify participation is increasingly common and may become universally mandatory in the future.
Our services cover E-Verify enrollment, day-to-day operational guidance, resolution of Tentative Non-Confirmations (TNCs), and compliance with the programme’s procedural requirements.
Before petitioning USCIS for an H-1B worker, the sponsoring employer must first file a Labor Condition Application (LCA) with the U.S. Department of Labor, in which the employer attests to paying the required prevailing wage, maintaining proper working conditions, and notifying existing workers of the employment of the H-1B worker. Employers must also maintain a Public Access File (PAF) for each LCA and make it available to the public upon request.
Our attorneys assist with LCA preparation and filing, PAF maintenance, wage documentation, and preparation for DOL compliance investigations.
Agencies including USCIS, the U.S. Department of Labor (DOL), and Immigration and Customs Enforcement (ICE) conduct both announced and unannounced visits to employer worksites to verify compliance with immigration-related obligations. These visits can examine H-1B working conditions, LCA compliance, I-9 records, and general employment eligibility.
Our attorneys prepare employers for both types of visits — training personnel on how to respond appropriately, what documents to have ready, and how to handle on-site interactions with government officials. When violations are found, we assist in responding to government findings and negotiating resolutions.
When a government audit identifies violations, the employer typically receives a Notice of Investigation (NOI) or other formal notice. Our attorneys draft detailed responses, present mitigating arguments, negotiate penalty reductions, and, where appropriate, pursue administrative appeals. Proactive engagement at this stage can significantly reduce financial exposure and protect the employer’s ability to continue sponsoring workers.
© 2026 Guerrero Banad law firm. All rights reserved.
